Stepchildren and inheritance

[pedeetribe]

What is the name of your state? sc

WHAT IF:​

Husband does not change his will, his wife being sole beneficiary, childrens names are still in will. The only stipulation in the will is if both husband and spouse die together ( freak accident etc) then the estate will be sold and divided equally among the children. Nothing is provided for the children in his original will, only to his wife Jan.

THEN: Jan wants to change her will to eliminate the stepchildren except for some dollars. Does his will remain in effect after death regarding the children even when everything has been given to his wife or can she do with what she chooses. Is his will dead? That is the main question.

Of course she would be more generous than the father of the stepchildren. He doesn't even want to leave them a dollar. He felt that if anything happened to both of them at the same time, he wouldn't want the state to divide his property. He isn't a soft man by any means. Jan has the most compassion in that relationship. She isn't heartless. She would leave them a some dollars and with explanation why they were being eliminated from the total estate.

 

[GaAtty]

Your question is convoluted, and could have been made much simpler. What I think you are asking is this: if the wife inherits all of the husband's estate, do the stepchildren still have a claim on that property if the wife then deceases? If that is the question, the answer is no. The wife can do whatever she wants with the property. It becomes hers. She can leave it to whoever she wants. In your terms, yes, his will is "dead". It is more correct to say that his property has been distributed to the heirs. It then belongs to the heirs (the wife) and it is hers to leave to whom she wants.

However, if the husband made a specific bequest of a life estate to the wife, with the children as remaindermen, then the children could get that property after the wife deceased. For instance, the husband could state in his will that the house goes equally to the children but the wife can use it as long as she lives, or as long as she resides in the house, etc., then it reverts to the children. It does not sound like he set up a life estate from what you are describing. That is just as well, because in my experience, life estates always end up in a mess for the heirs.

Be aware that whether or not a person is a stepchild has absolutely nothing to do with whether or not they take under a will. A person can leave their estate to a complete stranger if they have a will (in most states--check yours). However, the question of stepchildren MAY be important only if there is no will and the laws of intestacy come into play.